HB986 SD1.DOC

SECTION 1. The legislature recognizes that proper maintenance of public school buildings is critical to the health and educational well-being of Hawaii's students. The construction and maintenance of public school buildings provide an opportunity to decrease current and future energy demand and stimulate economic growth in the labor and manufacturing industries.

The purpose of this Act is to improve public school facilities by reducing the cost of energy and decreasing carbon emissions and energy dependence by public schools.

SECTION 2. Section 36-35, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (c) to read:

"(c) Criteria used to establish current repair and maintenance requirements may include:

(1) The remaining useful life of the school facility and its major components;

(2) The adjusted life of the school facility and its major components after repair or maintenance; [~~and~~]

(3) The current and future repair and maintenance requirements of the school facility and its components based on established industry standards or product manufacturer recommendations; and

(4) Energy efficiency and environmental standards as required under section 196-9(b) to achieve high performance classrooms;

provided that demolition of a facility or any of its components may be recommended if the cost of the repairs do not justify the adjusted life or remaining life of the facility."

2. By amending subsection (f) to read:

"(f) The superintendent of education shall ensure that all repair and maintenance projects achieve maximum cost-efficiency by emphasizing functional or performance criteria, uniformity of design, and commonality of products, and by avoiding unique or custom requirements that increase costs[.]; provided that energy efficiency and environmental standards as required under section 196-9(b) shall be maintained. The superintendent of education shall develop project specifications based on generic specifications or prescriptive specifications using standard commercial products. Prescriptive specifications may include a qualified product list.

For the purposes of this subsection:

"Generic specification" means a technical specification that is written in a clear, unambiguous, and nonrestrictive manner establishing:

(1) Design, performance, or functional requirements to identify the work to be performed; and

(2) Material standards to be used on a project.

"Prescriptive specification" means a technical specification:

(1) Establishing that the required work to be performed is written in a clear, unambiguous, and nonrestrictive manner; and

(2) Listing manufacturers or products that are acceptable for use on the project.

"Standard commercial product" means a product or material that in the normal course of business is customarily maintained in stock by, or readily available for marketing from a manufacturer, distributor, or dealer.

This subsection shall not apply to any school facility designated a historic property pursuant to section 6E-5.5."

SECTION 3. Section 196-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) With regard to buildings and facilities, each agency shall:

(1) Design [~~and~~], construct, and renovate buildings [~~meeting~~] to meet the Leadership in Energy and Environmental Design silver or two green globes rating system or another [~~comparable state‑approved,~~] nationally recognized[,] and consensus‑based guideline, standard, or system, except when the guideline, standard, or system interferes or conflicts with the use of the building or facility as an emergency shelter;

(2) Incorporate energy‑efficiency measures to prevent heat gain in residential facilities up to three stories in height to provide R-19 or equivalent on roofs, R-ll or equivalent in walls, and high-performance windows to minimize heat gain and, if air conditioned, minimize cool air loss. R-value is the constant time rate resistance to heat flow through a unit area of a body induced by a unit temperature difference between the surfaces. R‑values measure the thermal resistance of building envelope components such as roof and walls. The higher the R-value, the greater the resistance to heat flow. Where possible, buildings shall be oriented to maximize natural ventilation and day-lighting without heat gain and to optimize solar for water heating. This provision shall apply to new residential facilities built using any portion of state funds or located on state lands;

(3) Install solar water heating systems where it is cost-effective, based on a comparative analysis to determine the cost-benefit of using a conventional water heating system or a solar water heating system. The analysis shall be based on the projected life cycle costs to purchase and operate the water heating system. If the life cycle analysis is positive, the facility shall incorporate solar water heating. If water heating entirely by solar is not cost-effective, the analysis shall evaluate the life cycle, cost-benefit of solar water heating for preheating water. If a multi-story building is centrally air conditioned, heat recovery shall be employed as the primary water heating system. Single family residential clients of the department of Hawaiian home lands and any agency or program that can take advantage of utility rebates shall be exempted from the requirements of this paragraph so they may continue to qualify for utility rebates for solar water heating;

(4) Implement water and energy efficiency practices in operations to reduce waste and increase conservation;

(5) Incorporate principles of waste minimization and pollution prevention, such as reducing, revising, and recycling as a standard operating practice in programs, including programs for waste management in construction and demolition projects and office paper and packaging recycling programs;

(6) Use life cycle cost-benefit analysis to purchase energy efficient equipment such as ENERGY STAR products and use utility rebates where available to reduce purchase and installation costs; and

(7) Procure environmentally preferable products, including recycled and recycled-content, bio-based, and other resource-efficient products and materials."

SECTION 4. Section 302A-1312, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of education shall prepare a six-year program and financial plan for school repair and maintenance that shall be:

(1) Based on:

(A) Estimated preventive and scheduled maintenance costs;

(B) Budgeted recurring maintenance;

(D) Legal mandates; and

(E) Energy efficiency and environmental standards as required under section 196-9(b);

(2) Insofar as is practical, prepared in accordance with the principles and procedures contained in section 514A-83.6 or 514B-148; and

(3) Submitted initially to the legislature not less than thirty days prior to the convening of the 2002 regular session, with annual funding requirements for the physical plant operations and maintenance account submitted not less than thirty days prior to the convening of the 2002 regular session and each regular session thereafter;

provided that the governor may incorporate the six-year program and financial plan required by this subsection into the six-year program and financial plan required by section 37-69, if the plan required by this subsection is incorporated without reductions or restrictions."

SECTION 5. Section 302A-1505, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) In prioritizing a school's repair and maintenance needs, the department and the school's principal shall consider energy efficiency and environmental standards as required under section 196-9(b), as well as the availability of donated and discounted repair and maintenance services and materials that will be provided by community groups, volunteers, and businesses."

SECTION 6. This Act shall apply to all school construction, repair, and maintenance contracts executed after its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2030.

HOUSE OF REPRESENTATIVES	H.B. NO.	986
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII		S.D. 1